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Department

Intellectual Property and Competition Law

The aims of the Max Planck Institute for Intellectual Property and Competition Law lie in fundamental research of current, future-oriented questions surrounding the protection of intellectual property, such as inventions or creations as well as the regulation of competition mechanisms and behavior. The point of departure in defining the Institute's research topics are primarily phenomenological questions from which specific, long-term examined fields of researchare formed. Within these fields of research, the Institute determines mid-term variable main areas of researchwithin which various types of partially interdisciplinary research projects are located.

 

Field of Research
Intellectual property law and competition law between the marketplace and regulation

 

Main Area of Research
Legal and economic framework of the pharmaceutical industry

 

Main Area of Research
The Music Market

 

Main Area of Research
Legal and economic framework of markets for information goods and for information technology

 

In a broad sense, providers and consumers of information come into contact in information markets. In the creation and maintenance of functioning information markets, intellectual property protection and competition law are accorded substantial importance.

This results from the fact that information markets, compared to markets for tangible goods, display significant economic characteristics, which can end in particular forms of market failure. To start with, information represents a public good. This means that in the utilisation of information there is essentially no rivalry in consumption and also no exclusivity. IP laws present thereby an essential instrument through which information may become an object of market transactions at all. Further, it must be observed that in the creation of incentives for the development of information products as compared to other markets, information products are determined through high fixed costs and low variable costs in their duplication. For this reason, a sufficiently high amortisation prospect is required for the initial investment. At the same time, there appears in information markets a significant utilisation increase through the interaction and through the combination of various information products. In this way, new knowledge can be generated through the combination of information products. For example, the creation of new information products is often dependent on whether complementary technologies, such as various hard and software components in computer technology, work smoothly together. To this end, the establishment of unified, and under certain conditions industry-wide standards, is often necessary. Standardisation processes, interoperability and access present therefore important factors for the optimal economic and social usage of information products. The granting of IP protection and the application of competition law must make sufficient allowance for these particular mechanisms in information markets. Thus, important research question arise, for example, concerning antitrust law and IP law conditions in respect to standardisation processes.

One outcome of this is also that information markets are fundamentally formed by the technologies used in the market. The functionality and application of these technologies are, for their part, fundamentally affected by IP law and competition law. This can involve modern information technologies such as the internet, which as a rule is not subject to special oversight law. However, competition law is accorded an important role in traditional regulatory areas such as telecommunications, when it concerns, for example, the application of general competition law in primarily regulated areas or, to a large extent, an appropriately competitive structuring of regulatory regimes.

Projects

Further research project
Intellectual Property and Competition Law

Copyright, Competition and Development

Prof. Dr. Josef Drexl, Doreen Anthony, Dr. Mor Bakhoum, Filipe Fischmann, He Kan, Daria Kim, Dr. Kaya Köklü, Julia Molestina, Moses Muchiri, Dr. Sylvie Nérisson, Souheir Nadde-Phlix, Dr. Gintarė Surblytė, Dr. Silke von Lewinski

 
Dissertation
Intellectual Property and Competition Law

Das Kollisionsrecht der kollektiven Rechtewahrnehmung

Moritz Sutterer

 
Dissertation
Intellectual Property and Competition Law

Die Rolle der Datenportabilität in der datengetriebenen Wirtschaft zwischen Rechtsschutz und Zugang

Jure Globocnik

 
Dissertation
Intellectual Property and Competition Law

Distribution urheberrechtlich geschützter Inhalte durch Streaming

Sebastian Pech

 
Dissertation
Intellectual Property and Competition Law

Liability Regime in Patent Law

Daniel Krauspenhaar

 
Dissertation
Intellectual Property and Competition Law

Raub oder Revolution? – Begründung und Berechtigung einer Pauschalvergütung für über das Internet verfügbar gemachte Werke

Seyavash Amini

 
Dissertation
Intellectual Property and Competition Law

Regulating for Competition in the Liberalised Telecommunications Sector in Sub Saharan Africa: A Case Study of Uganda

Rachel Alemu

 
Funded publication
Intellectual Property and Competition Law

The Intersections among Intellectual Property, Competition and Consumer Law in the Digital Environment

Prof. Dr. Josef Drexl, Andrea Stazi

 
Dissertation
Intellectual Property and Competition Law

Wettbewerb und Innovation auf Märkten für Public Sector Information (PSI)

Heiko Richter

 

Main Area of Research
Sport

 

Field of Research
The coherence of intellectual property law with competition policy

 

Main Area of Research
Exploring differences and commonalities in the intellectual property system

 

Main Area of Research
Overlaps

 

Main Area of Research
Coherency of IP Rights and Unfair Competition Law

 

Main Area of Research
Coherency of Antitrust Law and Unfair Competition Law

 

Field of Research
Promotion of innovation through intellectual property law and competition law

 

Main Area of Research
Incentive mechanisms

 

Main Area of Research
'Green' Antitrust Law

 

Main Area of Research
Competition in Innovation

 

Field of Research
Intellectual property law and competition law in the European Union

 

Main Area of Research
Union-Wide Intellectual Property Rights and Systems

 

Main Area of Research
Objectives of the European Union in Intellectual Property and Competition Law

 

Main Area of Research
Procedural Law

 

Field of Research
Intellectual property law and competition law in a global legal order

 

Main Area of Research
The Fragmentation of International Intellectual Property Law

 

Main Area of Research
The Concept of Territoriality and Its Impact on International Intellectual Property Protection

 

Main Area of Research
Global Competition Order

 

Field of Research
Enforcement of rights

 

Main Area of Research
Balance of interest

 

Main Area of Research
The structures of law enforcement

 

Main Area of Research
Alternative Dispute Resolution

 

Field of Research
The methodological basis of antitrust law

 

Main Area of Research
The Economic Approach to Competition Law

 

Main Area of Research
Methodological Challenges of Protecting Competition in Innovation

 

Field of Research
The social contribution and legitimacy of intellectual property law

 

Main Area of Research
Functions, objectives, values and evaluation criteria

 

Main Area of Research
Ceilings of Intellectual Property Protection

 

Main Area of Research
Acceptance of Intellectual Property Rights